Florida man given probation for DUI crash with Chico State student

OROVILLE &GT;&GT; A Florida man was placed on probation for driving under the influence during a 2012 incident that put a Chico State University student in a coma.

Butte County Superior Court Judge James Reilley placed Matthew Lambert, 21, on probation on a misdemeanor count of driving under the influence of drugs and alcohol.

Lambert, a former Butte College student, was arrested following the incident early on Dec. 8, 2012, where his southbound pickup struck Brandon Fisher, 23, at West First and Walnut streets.

Lambert's blood alcohol content was tested at 0.09 percent, but he was a minor at the time. His blood also tested positive for ecstasy and marijuana.

Fisher suffered significant brain trauma, fractures and a shattered pelvis. He was in a coma until Dec. 23, 2012, and then underwent a year and a half of intensive therapy.

Lambert had been charged with felony DUI with a brain injury enhancement, but prosecutors later said they couldn't prove the felony beyond a reasonable doubt based on a new analysis of evidence.

The probation term included 45 days jail and 500 hours of community service.

Reilley agreed with a recommendation that Lambert discuss his experience with students in local school as part of the community service. The judge was also impressed with Lambert already performing 500 hours on community service.

Victim recounts recovery

Fisher, who now resides in Calaveras County, told the court about his experience before the crash and his long recovery. He said he had been walking home from a bar crawl with others in his construction management program.

He was two feet from the curb when the crash happened.

"I was hit by a driver right in front of my apartment in my senior year of college," Fisher said.

Early in his recovery, he didn't know who his relatives were. Fisher said he has had to relearn how to live. He said he currently is at a seventh-grade reading level and is working part-time as a gate attendant for a lake camp.

Fisher said the collision has made him depressed with his life. A post-graduation job offer was withdrawn and a therapist concluded Fisher wasn't able to return to classes this year.

"Everything I worked for is gone," Fisher said.

Fisher's mother, Juline Hobbs, said it was sad that the incident had caused two young men's lives to come crashing down. Hobbs said her son had done the right thing by walking home and she had been angry at the driver for not seeing Fisher.

Hobbs later said she hoped the two men could meet to reconcile.

"I don't believe Matthew is a monster, but I believe he is an adult who made an error of judgment that night," she said.

Attorneys wanted to facilitate the request, but were concerned about ongoing civil litigation going to trial March 16.

Defense: Fisher didn't cross safely

Defense attorney Kevin Sears, who represented Lambert with Dennis Latimer, said everyone was devastated by what happened to Fisher. He said Lambert was always concerned for Fisher and has quit drinking and drug use.

"My client hasn't been anything other than completely remorseful for what happened to Brandon Fisher that night," Sears said.

However, Sears said it was important that responsibility for what happened is assigned properly. He said Fisher had a 0.25 BAC when he sprinting across the road. Sears said it appeared Fisher had badly misjudged when it was safe to cross the intersection that doesn't have a crosswalk.

Sears said, given the road conditions and Fisher's actions, a sober driver may not have been able to avoid the crash.

Deputy district attorney Erika Romo said the crash wouldn't have happened if not for Lambert's action to get behind the wheel intoxicated.

Lambert was taken into custody at the end of the hearing to begin serving his jail term.